Category: Islam

Introduction

The right to own land is part of a larger set of property rights. In Islam, the associations related to property are regarded as social relations, referred to as muamalat under the Islamic law. These relations are different from ibadat, which refer to associations with worship.

The rights to property and land in the Muslim world are affected not only by internal structure of the society (through the Islamic law) but also by external forces which take the form of human rights organizations and development policies that emphasize on a fair and equitable society. These religious and moral contexts of land could be internalized and included into property relationships of numerous communities in several ways. The Islamic Law has a profound impact on all matters pertaining to land and property including acquisition, access, management and inheritance.

Property and Land in Islamic Theory

Land has been referred to in many paces in the Quran and these references are the basis of property rights and respect to them. Individual property rights are well established but are created as a consecrated trust in accordance with the principle of harmony, stewardship and confidence. Muslims believe that property and land are obtained from God, but at present God entrusts these properties to human beings for their use through responsibility or trust. Nevertheless, for the most part it is not seriously contested that the rights to possess, take pleasure in or separate from land exist in Islam. Nevertheless, their authority is obtained from conformity to the Islamic principles.

Unlike Western laissez-faire individual property rights which no one interferes with, the Islamic property rights are granted based on the condition that the owners will not use the property in a wasteful or exploitative manner or in a way that deny others their rightly obtained property. The Quran insists that people from all walks of life should respect the property rights of everyone regardless of their religious affiliations. Non-Muslims thus have the same property rights as the Muslims. The Quran also has laws and regulations that govern the guardianship of the property of orphans, warnings against property misuse and the inheritance rights of women. The unique Islamic land tenure agreements can speed up the process of access to land.

Security of tenure means that the right of gaining access to and making use of land and property is embodied in a familiar set of rules and this right is justifiable. Muslim scholars have a common agreement that property rights are one of the five basic values of Islamic law which need to be protected as a matter of precedence. The Prophet put emphasis on this issue by proclaiming to the gathered congregation that nothing shall be legitimate to a Muslim which belongs to a fellow Muslim unless it was given freely and willingly (Cammack 22).

Property and housing fall within the personal sphere in Islam and are thus totally cushioned. This shows the esteem given to property rights by Muslims. Under the Islamic laws, theft is regarded as one of the crimes which are liable to be punished by a pre-created harsh punishment (Hadd) found in the Quran.

Islamic hypothetical assertion that ownership of anything belongs to God solely is a symbol that ownership depends on just and redistributive principles. The Islamic Law, particularly as ingrained in the Quran asserts that land belongs to God but is given to man to help him while here on earth. The Islamic Law further asserts that the State manages the land and property on behalf of God but for the good of all mankind. As a result, the Islamic Law adheres to the redistributive principle which promotes social welfare rather than private gains. This is illustrated by the fact that the poor in the Muslim societies have rights against their government as well as those with vast wealth.

Factors Affecting Islamic Land Doctrines

Although the Islamic laws have overall principles that govern the rights to property, the Quran failed to illustrate on land tenure, regulation and administration or the mechanics through which it is protected, thus leaving it to subsequent generations to build on the field. Although the practice pertaining to different Muslim ruling empires cannot be simplified, one thing remains similar in all these empires and that is the promotion of personal land rights. Nevertheless, certain events  for instance colonialism  and domestic events have played a part in the development of modern land regimes. The rights to property throughout the Muslim economies cannot be simplified or highly attributed to religious or historical factors solely. The rights are also a result of modern economic situations and decisions.

A number of Muslim economies have been hastier than others to respond to the calls for the opening up of their markets to the global market as well as to the problems of globalisation. The union of traditional and Islamic law has been a significant element in the creation of laws and practices that govern land ownership and use in Muslim countries.

In addition, in Muslim countries, land has several cultural connotations and connotations. In the past, Arabs have always viewed land as the most precious asset and as a component of their individuality. Land is also significant to their personal esteem and honour. Other similarly vital elements including family and kinship are a big contribution to influencing the process and impact of property rights.

Land Administration in the Muslim Context

The relationship between good governance and a competent land policy is well developed. The 2004 Arab Human Development report inferred that the state of freedom and good governance in the Arab world varies from poor to critically poor, although there are some positive elements too. The supposition that there exists an Arab framework of governance has been criticized. At the same time, many of the studies surrounding Islam touch on the Islamic State as a utopian past or idealised future. Principles of consultation (shura) and justice (adl) are well incorporated in Islamic awareness and governance throughout the centuries and are powerful.

Contrary to the scholars who regard Islam and democracy as being irreconcilable, there are other scholars who assert the opposite. However, it is obvious that Western and Islamic frameworks of democracy are different. Research studies that focus on the customary and contemporary Muslim civil society also assert that customary civil society institutions for instance the endowment (waqf) are in sharp contrast to Western motivated agreements.

With the exception of the limitations imposed by the State regarding the activities undertaken by civil societies in majority of the Muslim States, there are hypothetical quagmires surrounding the non-governmental organizations. The degree to which these organizations can conform to global principles and methodologies and their associations with Islam usually influences their position with the state and the society. Civil society in the Muslim society is therefore manifested in several ways, for instance, through religious and charitable organisations.

In order to fully understand the Islamic administration of land, people often make a reference to the Ottoman land history. The Ottoman land administration was mainly a government based on the collection of revenues through taxation which in turn had significant consequences on social and land structures. Nevertheless, the Ottoman Empire experienced falling power of the State in the seventeenth century which forced the administration to introduce tax farms through which land revenues could be collected. These tax farms were successful and survived until the beginning of the nineteenth century.

The experiences of the Ottoman land administration, which were in part based on Islamic principles but similarly influenced by other socio-political factors, have valuable lessons for todays evaluation of Muslim land and property ownership laws.

Although land and property in the Muslim world are managed in accordance with the Islamic law, principles based on the public interest also play a key role in the land and property management. The protection of property rights, as a component of fundamentals of Islamic law, is dependent on the consideration of public interest as a subject of precedence. Customary Islamic principles that govern land did not forecast the current day problems of urbanisation, land conflicts, innovative means of use of land, environmental degradation as well as the problems of access to land and safety of tenure.

Nevertheless, at the policy level, a State that adheres to the Islamic principles has substantial scope in adjusting its land policy to fit the gains of the society through public interest (maslaha). Particularly, this policy instrument can address the rights of the landless poor, slum-dwellers and squatters.

Islam and Contemporary Land Issues

One of the essential problems facing any land administration is the creation of suitable cadastre systems which can give crucial information and make clear the legal rights. Apart from a western creation, cadastre has been seen in the pasts of a number of Muslim countries.

The original types of cadastre in Islamic society were created in the seventh century by the Prophet. During the Ottoman period, a land registration system thrived with wide-ranging land information records that contained all obtainable land-related information. In spite of its determined extent, the registration was not able to be completed for the whole Ottoman territories. The perceptions of the Muslim countries towards cadastre or tiling are different but there is no element in Islamic law that discourages these efforts. On the contrary, Islam seems to encourage cadastre.

Palestine, which is at the centre of the Arab-Israeli land dispute, is a clear indicator of the complications and unique features of Islamic (and more specifically the Ottoman) land administration framework. Palestine adhered to majority of the Ottoman land administration features such as the Ottoman Land Law of 1858. Nevertheless, Palestine also had its own precise laws, for instance, those that relate to land registration and rights to own land by the foreigners.

Like other territories of the Ottoman Empire, substantial parts of the land were owned by the State. These portions of land were initially transferred to Britain in 1917 and later to Israel when it was established in 1948. Instead of entire confiscation, Israeli policy used discriminatory analysis of Ottoman and Islamic principles of State and dead lands, together with very high evidentiary conditions for proof of ownership, to make land a public property. The Israeli land title registration office is still known as the Tabu office and title registration certificates as Tabu papers. These terms originated from Ottoman. One of the central elements of the Arab-Israel land dispute is the reliability of the Ottoman land records.

The high rate of urbanisation and its accompanying challenges has raised the question Are Cities in the Middle East Sustainable? (Rosen 41). These challenges relating to urban management are not any different from those currently being experienced by non-Islamic cities. Nevertheless, the significance of Islamic planning and rights is central to the planning issue, reinforcing socio-religious aspects. However, some people ask Why would one expect Islamic cities to be similar and in what ways? (Lawrence 42). The renewed attention given to Islamic planning systems may or may not offer a good option hypothesis but it needs to be examined.

Environmental problems, especially those that originate from water shortages and conflicts are important in the Middle East and other areas of the Muslim world. The Quranic perception asserts that everything on the earth was created for humankind as Gods bounty (niamah) to be exercised with care as a trusteeship (amana) (Mitchell 103).

Environmental protection can be nurtured by the existence of a high number of institutions and systems. The issue surrounding private ownership over water, contrary to the rights of access to water, is central to Islamic debate. Hirsch argues that, in contrast to classical Islamic theory in which all land is held in trust for the benefit of the community, water rights over individual lands were bought and sold during the Ottoman period, and this continues to this day, (39).

Centrality of Islamic Law in the Muslim World

Law by and large is an important channel in the creation, expression and execution of land policies. The law helps to define the term property rights and its meaning and at the same time it gives information about land tenure systems and standards of land administration. Around the globe, there are differences in the manner in which property rights are created, the kinds of property rights accepted, the regulation of varying types of utilization and users as well as the enforcement systems.

Regardless of the degree and type of Islamic law that is authorized in Muslim countries, in the awareness of much of the Muslim world, land tenure systems and notions are by and large established or recognized, to a certain extent, through making a reference to the Islamic law. As a result, there is no sphere of Islamic land law but instead it is a combination of interrelated subject matters or fields which experts identify as such. As a result, the rights to possess land in the Muslim society are not viewed as a separate entity but instead they are best comprehended in a holistic manner, that is, they are part and parcel of other parts of the Islamic law.

Scott-Hunt and Lim state that, Islamic law is the epitome of Islamic thought, the most typical manifestation of the Islamic way of life, the core and kernel of Islam itself (43). A great chunk of Islamic law governing land, property and housing are found within the area of social transactions (muamalat) and as a result they are subject to a higher level of analysis than issues surrounding religious observances. Islamic law makes no sense in the absence of the moral principle of the sacred revelation. There are several essential Islamic notions or golden threads that incorporate the spirit of the Islamic law (Sharia).

They include: rights (haqq), justice (adl) and equity (qist) which are reiterated in the Quran, (Scott-Hunt and Lim 51). Islamic law needs to be understood from a socio-historical perspective and deliberations although it may have surpassed classical analysis. The basic standards of Islamic law (Maqasid al-Sharia) give importance to the property rights as a major concern therefore there is no law that can oppose this fundamental principle (daruriyyat). In addition, it mandates the State policy, through public interest or social welfare (masala), to operate in a manner that promotes it. Therefore, property and land rights are the core of Islamic law but they must be dealt with within the context of Islamic methodology.

Sources of Islamic Law relating to Land

The classical law that governs property and land rights went through a number of periods of influence which include: the Ottoman, colonial and post-colonial/modern eras. In 1858, the Ottoman government merged a number of laws that existed at the time into a Land Code. This Land Code became the basis upon which majority of the States in the contemporary Muslim world obtain their land tenure classifications. The greatest chunk of the present-day Islamic Property law has its roots in the Western legal framework.

In the Muslim society, the sources of law have a specific laid down hierarchy. Thus, cases are handled based on the hierarchy of these sources of law. There are two main and elementary sources of law which include the Quran and the Sunna. The Quran puts emphasis on the universal access to and rights of property and land. These emphases are crucial, for instance, when it comes to the issue surrounding women and their rights to land and property.

In cases where an Islamic property system are handled overtly by the Quran, majority of the Muslims would consider the issue not subject to autonomous reasoning but that instead it should be analysed from a holistic point of view. An additional significant source of law is found in the records of the expressions and actions of the Prophet (Sunna), which exist in the form of an assorted compilation of narratives (hadith).

In this source of law, the difficulty is to eliminate bogus gender disparaging traditional customs that are viewed as Islamic axioms contrary to the gender empowering Quranic principles. Contemporary rights relating to land, property and housing within the Islamic context are still deeply ingrained in the two basic sources of Islamic law.

Reasoning by analogy (qiyas) and consensus (ijma) are other sources of Islamic understanding or law (Sharia), which are however secondary in nature. Consensus (ijma) is generally perceived to imply the undisputed accord held by those who are experts in the faith at a given time on a particular subject matter, although this is a debatable issue.

It is consensus which permitted protection over the property of minors. This allowance has been expanded by qiyas to include the protection of minors in marital relationships. Mir-Hosseini states that, reasoning by analogy is a form of deduction in comparable cases which links the reasoning back to the original sources of the Quran and the tradition of the Prophet (Sunna), (51).

Besides the primary and secondary sources of law, there are other supplemental sources of law which include juristic preference (istishan) which enhance the flexibility and responsiveness of Islamic law (Sharia) and which demonstrate the plurality of method in Islamic law since some of these tools are only closely associated with particular Sunni schools, (Mitchell 32). This raises the notion of juristic preference, where freedom to act can be practiced in cases of mis-application of justice. Likewise, a common rule inherent in some Islamic schools of law is that of necessity and need. Another supplementary rule of law is founded on the public interest and social welfare.

This rule of law has its origin in the Maliki School and it gives the judges the discretion to solve the cases presented to them. Nevertheless, this discretion must be applied in a manner that promotes the welfare of the parties involved in the case. The exception to this rule of law is that what is decided by the judges is not addressed by the Sharia otherwise it would contradict it. Mir-Hosseini further asserts that, independent personal reasoning (ijtihad) is an established wing of Islamic jurisprudence (41). It is not considered to be a source per se but an interpretative mechanism which is not limited to judges but is the divine obligation (fard kifaya) of each capable person.

Islamic Law in a Pluralist World

Recognizing the existing Islamic school of jurisprudence is a pre-requisite to engaging with the Islamic legal dialogues in a specific framework. For instance, Hanafism, the most prevalent of the four schools is regarded as the most flexible to creative elucidation of its chief principles.

The legal systems of the Muslim world show significant differences due to their particular past and colonial framework, the State philosophy and the degree to which Islamic law can rule over secular or traditional laws. The legal systems of majority of the Muslim states have gone through substantial secularization to different extents, in spite of the ethical definiteness of its religious past, due to Western influences. In spite of different pasts and types of government, there is astounding similarity among the different judicial systems of the Muslim world.

The custom of Islamic law in Muslim world, therefore, asserts compound and controversial association between specific varieties of Islamic law and other types of law  state or customary law. Scott-Hunt and Lim argue that the normative systems are at times known as quasi-legal or informal, but legality and illegality are not so apparently distinguished. Morocco, Indonesia and Egypt illustrate how paying attention to legal pluralism, or legal dualities/contradictions, may promote our legal comprehension of both Islamic law and the multifaceted, overlapping and rival traditions that are found in Muslim countries (41).

The Law of Islam has its roots in the era of the Muslims Prophet. It was founded on the pre  Islamic cultural values and practices. As the faith spread across different Islamic levels it brought about a mutual relationship between the old and new Islamic cultures. Modern Islamic jurists who played an active role in validating customs in Islamic context agreed to and accepted the same on conditions that it was not contradicting Islamic principles.

In many Muslim societies, the customary beliefs and Islamic culture have nearly been merged together and this calls for a lot of understanding and soberness when differentiating them with the existing land practices. Positive Islamic principles are usually used to replace old traditions that are found not only to be unacceptable but also show a great level of injustice to the citizens.

Islamic Law in Action

Despite the fact that many Muslims adhered to the general Islamic law, the Islamic law has always run parallel to the secular law. During the Ottoman Empire era, the administration established a sequence of secular codes which were known as qanun. This happened at a time when the Islamic laws were highly promoted and adhered to. The Ottoman administration also established various institutions and persons to ensure the implementation of these different laws and interests within the Islamic systems. Included in this function were the Qadi (Islamic Jurisdiction judges), Muhtasib or Ombudsman as they were known.

These were the administrative officers, judges who took care of secular matters. There were also the informal but legal authorities known as the Muftis who issued fatwa or responsa and advisory opinions and finally the ones exercising ijtihad or personal reasoning who were known by the name Mujtahids. Muslim judges gave more caution to moral values and social goals and the need to instil legitimacy within multiple schools of legal thoughts.

The Qadi courts main work was to balance the rights or duties owed to God with those of individuals to an extensive chronological scale. Classical judges pay much attention to the Qadis and their qualification enlightening them on matters of evidence and court procedures. They were also prepared on Adab al  qadi, which is a type of literature which shows the judge how to behave while in the court room. The qadi is also required to be familiar with the discretion of the judges as well as practical assurances, which are crucial features of the Islamic law.

In most cases the Islamic system did not need lawyers since most of the offenders handled their own cases by either pleading guilty or innocent. Most cases that came as a result of a dispute or a disagreement were dealt with within the formal processes acceptable to the community and the society as a whole. Issues of medication and conciliation are well elaborated in the Quran which is the Islamic holy book or in the Prophetic laws and so can easily be referred to in case there is any medical or conciliatory need. They include Sohl (conciliation), medication (wasta) and arbitration also known as takhim.

In order to assess the applicability of Western methods of resolving disputes in non Islamic regions such as the Arabic-Islamic cultures experts are now taking into consideration the indigenous schools of thoughts and feelings coupled with locally based rituals to resolve, reduce and manage disputes.

Muslim states and societal members have duties such as promoting good (maruf) and stopping if possible or preventing munkar (wrong doing). Since time immemorial of the Islamic history, the hisba agency was governed by an educated judge (muhtasib) who served as a market inspector, chief public medical or health officer, land use enforcer and receiver of complaints. The hisba agency is also highly applicable in the present day Muslim societies.

The rights to land and property is a part of the Islamic legal context which is related to social relations or muamalat as it is commonly known. It is very susceptible to flexibility and innovation though other Islamic laws and principles can be applied.

Despite the fact that well cultured Islamic rights literature supports the pro-poor, innovative and inclusive land and property regime, the theory surrounding the Islamic law is rife with challenges that affect its translation and thus it is difficult to articulate its thoughtful ideals and objectives. Thus, a number of juristic works should be systematically taken into consideration so as to find methods of access to land security of tenure and protection from forcible eviction even though Islamic legal raw materials and concepts exist.

Muslim Women and Property

A study of land and property rights in any society cannot be complete without examining the issue of gender. This is because in many societies there has always been the issue of gender discrimination when it comes to land and property ownership and rights. Women have often been discriminated against men in this particular issue.

This is further worsened by laws and regulations that make it difficult for women to acquire or manage property and land. For instance, in such societies women can only acquire land or property through their husbands or fathers. As a result, these laws present challenges for women who are unmarried. This section will examine the issue of land and property rights as they affect women in the Muslim society.

Debunking Stereotypes Regarding Muslim Women

To regard or refer to the stereotyped picture of Muslim women as passive victims would appear to be a requirement for developing reasonable methods for accessibility of land to women. Muslim women have devised a way of expressing their opposing and often disagreeing points of views or opinion while at the same time systematically and cautiously accepting chosen western methods. A challenge for most western commentators who happen to be atheist, agnostics or secular has been how to tackle what is normally regarded. However, such a hard approach does not only make believing women feel left out but also leaves out or neglects a broader range of practice that offers positive effects on womens lives.

A number of ways can be used in evaluating land, property and housing rights for Muslim women. One of them is by using the International human rights law standards. However, many Muslim countries do not view the universal human rights law in a positive light. Indeed, many of these countries are not signatories to these universal laws.

On the other hand, for the countries that are signatories to the laws, majority of them have exempted themselves from abiding by some specific clauses within the laws that focus on gender matters. To worsen the situation, many of the universal human rights laws do not regard gender issues a matter of importance while some of them fail to provide strategies that ensure that the gender-based laws are implemented by the signatory countries.

Womens Rights to Property under Islamic Law

Generally all the major Islamic legal document support womens right to acquire, hold, use, administer and dispose of property. A Muslim woman holds an independent, legal, economic and spiritual identity and independence (Sonbol 66). The Quran states that women shall be legally entitled to their share and that to men is allotted what they earn, and to women what they earn (Sonbol 67). Men only regard a property to be lawfully theirs if women decide to transfer that property to them. The rights of women to own, posses, manage and inherit land or properties have their basis on a number of Islamic laws such as family law, property law and economic law.

Muslim women have fewer rights of inheritance under the Islamic mandatory succession rule. For a long time this has been considered as a contributor of inferior state of women under the Islamic law. People who support the thought that womens property right under the Islamic law should be given a wholesome approach refer to the Quranic statement that men spend out of their priorities for women (Sonbol 63).

The discussion continues to an extent that women do not have any recognized financial obligation. In addition, Muslims usually assert that there exists alternative means of possessing property, for instance, through gifts, dower, and maintenance in marital relationships and as beneficiaries under waqf which is also considered to be a component of gender property rights compensatory scheme. There is no existence of any Islamic law that prohibits women from possessing equal property rights with men apart from situations dealing with inheritance.

Social History of Womens Property Rights

The ancient records of how women are treated equally with men under the law, in conjunction with models of women who control and run property, offer tangible and strong proof of the existence of mechanisms within the Islamic lawful structure that promote standing of women in modern societies.

In the traditional Islamic history, Muslim women had a number of public roles to play and without a doubt they fully implemented their property rights. In his sermon to bid farewell to his followers, the Prophet insisted on equal rights to all Muslims irrespective of gender orientation. To prove his position on womens rights to own property, he ensured that his wives possessed their own individual properties that were not tied to his.

Womens rights in the Muslim society are also illustrated by the powerful positions given to women in the society. Feillard argues that the first convert to Islam (Khadija), its first martyr (Sumayya), the first to grant refuge to the Prophet at Madinah when he fled from persecution at Makkah (Umm Said), the keeper of the keys to the Holy Kaaba, the custodian of the first copy of the Quran (Hafsa), the manager of the first hospital (Rafidah Aslamiyya), one of the Imams appointed to lead the prayers of both men and women (Umm Waraqa) and a superintendent at the market at Madinah (Samra bint Nuhayak al-Asadiya) were all women (p. 111).

Customs, Family and Womens Property Rights

The right to own property by a woman is determined by her social status, her position in the lifecycle and her flexibility within her family and her household. In Muslim families, the issue of property ownership is usually a matter that is subjected to explicit and implicit conciliation and haggles. To be a property owner, women usually use various methods some of which may be seen as sensitive but very reliable.

As a result of this Tucker said that as part of the economic, social and political landscape, the family evolved in response to variations of its role&operating differently as an institution of social control in different environments (205). Thus the family is a solid combination of different areas of experiences for various placed members with opportunities for many strategies by women, some of which may appear spontaneous but very workable (Tucker 206).

In assumption, the accessibility of a woman to property and land comes to her at various points of development in life, more evidently through her right to dower and maintenance mostly in marriage. Dower (mehr/mahr) is a form of payment made to the woman by the husband. It can be in the form of money or property and is known as prompt dower when paid upfront. The husband can also promise to pay (deferred dower) later to the wife as a result of marriage. Dower is meant for usage by the wife and she can give it away as she pleases. Muslim women can empower themselves in many ways.

For instance, they can do this by using the Islamic right of reasonable dower, with no dread of social costs or social penalty. It is undoubted that a wife has the right to or is permitted to sufficient maintenance during the existence of her marriage. Practically a wife can lose her maintenance rights under conditions such as allegations of disobedience to the husband (nushuq). There are contradictions involving the provision of maintenance with regard to divorced wives. Apart from the right to specific dower traditional judges maintain that the divorced wife has no financial rights against her previous husband, even if the husband had an informed divorce (talaq) to his wife.

Impact of Modern Legal Reforms

During the 20^th century, a number of legal reforms were instituted by the Islamic societies which in turn had a profound impact on women and their property rights as well as access to land. Nevertheless, these legal reforms did not necessarily enhance the rights of women to a great extent. The modern land reforms employed across the Middle East did not accomplish a lot by their method of reorganization and consequently did not consider women.

In reference to the land reforms established by Egypt, only the rural middle class and to a lesser scope some rural working class men benefited from the land reforms. When it came to women, only a handful of them had rights over land and these were women whose husbands had passed on and left them with young sons. As a result, non-divorced women with young sons held demonstrations that opposed the law in 1952.

The procedure of codifying, harmonizing or modernizing individual codes as family law reforms was termed as being triggered by colonial influences even though it was done by post colonial Muslin States. It would be surprising if these results slightly changed womens right reforms since this was not their intended purpose. There are various descriptions in the Meghrab reforms that are worthless. For example, the Tunisian Code asserts that wives are required to make contributions to their familys welfare only if they have the ability to do so. This implies Muslim married women with sources of income can help their husbands to pay the household bills.

However, married women who lack sources of income are not obligated to do so. In such situations, the upkeep of the household is the sole responsibility of the husband. The new Modawana in Morocco absolutely excludes in its provisions the perception of a womans obedience (taa) and disobedience (nushq) to her husband. The code considers joint ownership of property and decision making within the marriage.

Conclusion

In the Muslim world, the right to own land and property is ingrained in many sources of reference such as the Islamic Law (Sharia), the Quran, the Sunna, the expressions and actions of the Prophet (Sunna), reasoning by analogy (qiyas) and consensus (ijma).

However, there are differences between the genders when it comes to owning land or property. For women, their rights to owning land and property are determined by their social status, their position in the community and their flexibility within their families and households.

The Islamic law regarding ownership of land and property has its roots in the Ottoman Empire which was driven by revenue and taxation which had significant consequences on social and land structures. The experiences of the Ottoman era, which were in part based on Islamic principles but similarly influenced by other socio-political factors, remain valuable to present days analysis of Muslim land and property ownership laws.

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The period of the Umayyad dynasty is often considered a controversial one as its rulers had both positive and negative impacts on the Arabic state and its development. In general, the Umayyads were dedicated to the cause of Islam and played a crucial role in its successful transition from a local Arabian religion to world civilization. Historical documents and literary sources prove that the Umayyads transformed the caliphate from a religiously oriented state to a dynastic state. Still, The expansion of Islam remains one of the critical elements and turning points in world history.

The Umayyads made a great contribution to the territorial expansion of the Arabic state. The great expansion of Islam was always associated with the growing number of Islamic adherents and the expansion of Arabs that necessarily led to the expansion of Islamic religion in the Asian world. The truth however is that Islamic expansion did not necessarily lead to conversion to the Islamic faith. The concept of Islamic expansion is surrounded by numerous myths and historical misconceptions, and what was traditionally regarded as the rise of the new Islamic culture, in reality, was the expansion of the Islamic empire which did not deprive new Islamic states of religious freedom. In terms of Byzantium, Islamic expansion posed a serious competitive challenge to Byzantium; moreover, Islamic faith-inspired Arab peoples to conquer and siege the lands that had previously belonged to Byzantium. Nevertheless, Arab-Islamic conquests did not weaken, but on the contrary, strengthened the political and social order in new lands. In this context, it would be appropriate to suggest that Islamic contests have tested ability to withstand political and military oppression, and where Arab peoples sought to prove their religious and political superiority, the state used the benefits of its political stability as the means of restructuring and improving its social organization and economic prosperity (Kennedy 83; Latter to Walid II).

At this point of his literary revelations, Letter of Walid II actually sheds the light on one of the most serious issues in the history of the state. Given the richness of its geographical territories, and the attractiveness of the lands that historically belonged to the Umayyad caliphate, it is not surprising that the Arab opponents were seeking the means to expand their Islamic presence by conquering a part of new land. Certainly, the changes in the political and economic worldview were the inevitable consequence of these conquests, but beyond that, the caliphate succeeded not to surrender to the growing external dangers and did not fail to use its military collapse as the source of the new useful historic experience. This reorganization and restructuring readily covered all areas of political, social, and economic life, as well as the way it used to develop and implement its military strategies (Kennedy 85).

It should be noted, that over the course of the world history, military superiority and power was the central element of the Umayyad states economic and social, as well as political prosperity. Whenever a state sought to establish its political or cultural dominance, fulfilling this task was impossible without an extensive set of military tools at hand. Umayyad dynasty was not an exception, and while the country had previously been known for its sophisticated approaches to military operations, Arab-Islamic contests have strengthened the states military power even more. For the history of the Umayyad dynasty, the Arab conquests have become the driving force of social change, for subsequent military failures signified the empires inability to cope with external threats. Although the major portion of the Muslim conquests came with surprising ease, and the Muslim readily expanded their political and religious dominance over the formerly territory, Arab conquests have successfully proved the states ability to rule its territories, military forces, and work to develop effective military approaches at tactical and strategic levels (Kennedy 84).

It should be pointed out, however, that although the religious system is referred to as one of the major components of the empires survival during Islamic conquests, not all scholars support the direct relationship between themes and saving the rest of provinces from collapse. Nevertheless, religion came to signify the need for better administrative and military decentralization and more effective distribution of power. Not only did the implementation of themes create a new system of administrative thinking, but it redirected the economic and social development into fresh channels. The new organization of the army guaranteed more freedom of movement, and as a result, better protection from external threats. The so-called military estates were granted for high quality military service. Under the theme system, each administrative theme was put under the jurisdiction of a governor; as a result, themes have also become an effective tool of redistributing administrative responsibility between separate administrative; in this situation, although deprived of the major part of its territorial wealth, the state was more than prepared to defending itself from the subsequent external attacks (Kennedy 101).

Although military reorganization was the most important consequence of Arab conquests, the latter have also become the indirect sources of political, economic and social transformation in the caliphate. It would be fair to say that though much reduced by the Islamic conquests, the caliphate after the eighth century was also more compact and manageable. More than that, the new lands was able to survive the force of Muslims due to the presence of the sound fiscal apparatus and a well-developed set of social policies. Historically, economy was strictly controlled, and the soundness of imperial currency was one of the beneficial features of Byzantine economic order. Severe restrictions on the export of gold, strict customs supervision, and favorable trade balance, as well as the economic and trade monopoly supplied Byzantium with extensive economic instruments which could be readily used to support the empire at times of military crises. How significant international changes and their impacts on other lands could have been, the caliphate was committed to positive economic change and used conflicts and military oppression as the source of the social and economic change.

In sum, the Umayyads brought novelty and established a new rule in caliphate in contrast to traditional religious structure of the state. In the center of the cultural diversity, the military have been the major source of cultural conglomeration; as a result, Islamic conquests brought in a new sense of cultural unification, where previously alien cultures were gradually becoming familiar for the majority. The state has slowly turned into the caliphate, where cultural diversity was the essential component of its social and political performance, and beyond native Arabs Normans shared the same land. The caliphate successfully utilized the benefits of its new territorial structure, making it more manageable and using the system of themes to decentralize administrative power and to increase the effectiveness of power distribution. Certainly, Arab conquests were violent and bloody and resulted in the loss of the substantial portion of army, but instead of recognizing its defeat, the state used Islamic conquests as the source of valuable knowledge, later used to maintain its economic and social prosperity. The caliphate was capable of restoring its strength and completely restructuring its political, economic, and social order.

Works Cited

Kennedy, H. The Prophet and the Age of the Caliphates Longman; 2 edition, 2004. Latter to Walid II.

The article in question dwells upon representation of Islam in Western media. Sairra Patel (1999) claims that Western media provide a distorted image of Islam and the role of Muslim women, which leads to Muslims marginalization and alienation. It is necessary to note that Patel (1999) uses a variety of tools of persuasion and provides her arguments in a concise and comprehensive manner. This makes the article a successful persuasive essay.

The major idea of the article is misrepresentation of Muslims. The author uses a very strong beginning to support her point. Patel (1999) illustrates the way Muslims are depicted with reference to a reputable British source where a violent act was ascribed to Muslims (though it was conducted by a group of Christians). The author also provides a number of other examples of misrepresentation of Islam or Muslims life and traditions (Patel, 1999). Real life examples are regarded as some of the most effective tools of persuasion (Brock & Green, 2005). The author supports her claim with the help of real life situations, which makes her claim plausible. Importantly, the examples are very appealing as they are associated with the most burning issues concerning Islam. Thus, when writing about misrepresentation of Islam, the author mentions violent acts during a peaceful demonstration. When writing about women, Patel (1999) mentions the right to own property or the tradition to wear hijab.

Apart from, specific examples, Patel (1999) extensively employs ethos and pathos. The author refer to reputable sources only, such as Quran, Goethe, Thomas Carlyle, BBC, Today, The Telegraph, etc. The use of ethos is another persuasion device which is very effective (Brock & Green, 2005). The author refers to reliable sources to make the reader understand that many people share her views. Admittedly, this is an effective tool as the author shows that the article is a result of a thorough research. The author appeals to the readers emotions by focusing on the most burning issues. Another successful device is a rhetoric question employed at the end of the article. The author forces the reader to answer the question and come to certain conclusions (the authors conclusions).

Finally, it is important to note that the article is written in a concise form. The form is one of the central components of effective persuasion (Brock & Green, 2005). Each argument is provided in a separate paragraph, which makes it easier to perceive. The article is also easy to follow. Each argument provided supports the major claim of the author. It is also noteworthy that each paragraph is a logical continuation of the previous one. The concise form helps the reader focus on the authors claim and the articles major idea.

On balance, it is possible to note that the article in question is an example of a successful persuasive essay where some of the most effective persuasion tools are employed. The author manages to provide strong arguments in a very concise way, which is an effective way to support her claim.

Reference List

Brock, T.C., & Green, M.C. (2005). Persuasion: Psychological insights and perspectives. Thousand Oaks, CA: Sage Publishing.

Patel, S. (1999). The media and its representation of Islam and Muslim women. Web.

Introduction

An Islamic bank may be defined as an organization with the sole responsibility of marshalling financial resources and investing them with the aim of meeting financial and social goals that are acceptable by the Islam religion. It is important to note, therefore, that the processes involved in the investment and marshalling of these resources have to conform to the Islamic Shariah law (Greuning, and Zamir, 153).

Principles of Islamic Banking

The principles of Islamic banking are based on the holy Islamic book; the Quran (Visser, 302). Muslims, therefore, believe that the inscriptions in their Qurans were the voice of God. The principles that guide Islamic banking can be simplified into four fundamental concepts. These include: 

1. The second guiding principle for Islamic banking is based on ethical standards. It is the religious duty of Muslims to invest their cash on wholesome businesses without engaging in dubious transactions (Kettell, 184). As a result, their investments are based on comprehensive ethical considerations on the business, the products produced and services provided, the policies and strategies and the effects of the business to both the society and the surrounding at large (Wiedl, 69).
2. Obtaining and charging interests is strictly prohibited. Islamic banking is guided by a strict law of absolutely no interests on loans. It is believed that money is not supposed to generate profits and if this is done, only negative results would follow (Walker, 173).
3. Social and moral values form the basis of the third principle. The Islam religion demands that all its believers take good care of the needy in the society. For this reason, Islamic financial organizations are compelled to offer help to the destitute in the societies. This is not only done through charitable donations but also the exclusion of profits in the loans lent out to people by the banks (El, and Amr, 56).
4. The fourth and last principle is based on business risk and liability. This concerns the notion of fairness. The Islamic law dictates that all parties engaged in a business transaction must share in both the risks and profits of the business. A financer, according to Shariah law, is considered as a sinner and an economic parasite if he or she does not agree to share in the business risks.

Significance of Islamic Banking to UAE

It is estimated that Islamic banking has captured an overwhelming 20% of the overall banking market share in the United Arab Emirates (Kettell, 68). Since its incorporation into the UAE in 1985, the Islamic banking has played an imperative role in financing infrastructural projects, corporate expansion and aiding in the development of residential places (Mohamed, and Munawar, 121). The Sheriah compliant policies embraced by these banks have liberalized the economy of UAE and made it flexible for people from all classes (Abdul-Rahman, 34).

Comparison Of Islamic Banks And Traditional Banks

The Islamic and traditional banks have many vivid differences. For instance, the profitability of both banks is quite different ((Kazarian, 87) and (Akgunduz, 19)). While depositors in traditional banks have a fixed interest rate for the funds deposited in their accounts, depositors in Islamic banks have a chance to get a potion of the profits collected by their banks. This implies that depositors in Islamic banks earn from their banks while depositors in traditional banks do not (Mullineux, and Victor, 69).

Commercial banks are anticipated to be considerably liquid so as to govern withdrawals from their deposits ((Clark, 98) and (Hassan, 91)). On the contrary, Islamic banks have unique profit sharing techniques and investment natures that invalidate this principle. Unlike the traditional banks, Islamic banks are more focused on aiding their clients than making money (Saeed, 100).

Works Cited

Abdul-Rahman, Yahia. The Art of Islamic Banking and Finance: Tools and Techniques for Community-Based Banking. Hoboken: John Wiley & Sons, 2010. Print.

Akgunduz, Ahmet. Studies in Islamic Economics: (Islamic Banking and Development). Rotterdam: Islamitische Universiteit Rotterdam, 2009. Print.

Clark, John O. E. Dictionary of International Banking and Finance Terms. Canterbury: Financial World, 2011. Print.

El, Tiby, and Amr M. Islamic Banking: How to Manage Risk and Improve Profitability. Hoboken, N. J: Wiley, 2011. Print.

Greuning, Hennie, and Zamir Iqbal. Risk Analysis for Islamic Banks. Washington, D. C: World Bank, 2008. Print.

Hassan, M K. Handbook of Islamic Banking. Cheltenham U. A: Elgar, 2007. Print.

Kazarian, Elias G. Islamic Versus Traditional Banking: Financial Innovation in Egypt. Boulder U. A: Westview Press, 2007. Print.

Kettell, Brian. Introduction to Islamic Banking and Finance. Chichester, U. K: Wiley, 2011. Print.

Kettell, Brian. The Islamic Banking and Finance Workbook: Step-by-step Exercises to Help You Master the Fundamentals of Islamic Banking and Finance. Chichester: John Wiley, 2011. Print.

Mohamed, Ariff, and Munawar Iqbal. The Foundations of Islamic Banking: Theory, Practice and Education. Cheltenham, U.K.: Edward Elgar, 2011. Print.

Mullineux, A W, and Victor Murinde. Handbook of International Banking. Cheltenham, U.K: Edward Elgar, 2006. Print.

Saeed, Abdullah. Islamic Banking and Interest: A Study of the Prohibition of Riba and Its Contemporary Interpretation. Leiden [u.a.: Brill, 2006. Print.

Visser, H. Islamic Finance: Principles and Practice. Cheltenham, U.K: Edward Elgar, 2009. Print.

Walker, George A. International Banking Regulation: Law, Policy and Practice. London: Kluwer Law International, 2001. Print.

Wiedl, Kathrin N. The Islamic Banking System  Not Conductive to the Start-Up of Young, Innovative Business Firms. Munchen: GRIN Verlag, 2007. Print.

Operations of Islamic banking are aligned in accordance with the legal code of Islam popularly known as the Shariah (Hasan and Dridi 7; Khan 806). Shariah is not limited only in the banking sector alone (Alam 125). The Shariah codes have their root origin in the Quran (Szczepanowicz 2; Kahf 2). The main principle of Islamic banking entails the prohibition of interest throughout all the transactions, business operations as well as trade activities (Haron 23). Islamic banking is strongly rooted in the Muslim countries; but other countries are opening up (Ahmad 15). Haron (25) explains the four categories of Shariah principles within which the Islamic Banking principles are encapsulated on.

These are ancillary principles, profit and loss sharing, free services as well as fees based. Within these categories, there are as many as fourteen principles applied in Islamic banking. However, in UAE only five of the principles are in practical application (Haron 25). With reference to the UAE, Hameed and Ahamed (5-7) comprehensively detail the five principles applied by Islamic banks to include participatory financing principle, principle of prohibition of usury, principle of ethical investing and moral purchasing, principle of acceptable transactions as well as the principle of certainty. With regard to the heritage of Islamic banking, the UAE which hosts the Abu Dhabi Islamic Bank that became the first of its kind to operate worldwide (Al-Tamimi and Al-Amiri 131). Al-Tamimi (1) observes that by the end of 2008, there were five Islamic banks operating in the UAE.

UAE populace is Muslim dominated; considering the rate of growth of Islamic banking and the championing of equitable reward to the factors of production in the Islamic financing system. these gains include achieving country wide and balanced economic and social development (Dhumale and Sapcanin 1; Furqani and Mulyany 59). Take for instance the facilitation of monetary arrangements for Muslims during their pilgrimage visits to Mecca and other Islamic sites at favourable cost (Rahman 1). Hasan and Dridi (7) view that the business model of Islamic banking played a significant role of cushioning against plummeting of profits during the financial recession of 2008. During the same period, most traditional banking system were unable to service strong demands for credit as well as stabilize there external rating.

Stability of the Islamic banks makes them reliable to huge and financially sensitive national projects such as residential property development, infrastructure constructions as well as corporate expansion. Thus, Islamic banks have local and national attraction, especially in Muslim states like the UAE. There are tenets underlying the Shariah such as ethics, morality and religious factor champion equality and fairness for general good; thus such disciplined approach makes Islamic banks be the trusted partners who may not misappropriate public funds. The UAE government may require a bank to handle its financial operations for the lucrative oil sells.

Traditional banks have their main aim of mobilizing financial resources from savings for the purposes of economic and social (Martan 29). While, Islamic banking is packaged to suit the Muslim world by domesticating into the banking systems the Islamic code. A stand out difference between the traditional banks and the Islamic ones is the charging of interests (Kahf and Kahn 14). Islamic banks prohibit on the receiving and payment of interest commonly known as Riba (Siddiqi 2). In commercial banks interest is treated as a price of credit in the form of forgone opportunity cost of money.

Works Cited

Ahmad, Waseem 2008, Islamic Banking in the United Kingdom: Opportunities and Challenges. PDF file. Web.

Alam, Hassan Mobeen, Mamoona Rafique, and Muhammad Akram. Prospects Of Islamic Banking: Reflections From Pakistan. Australian Journal of Business and Management Research. 1. 2 (2011): 125-134. ajbmr. Web.

Al-Tamimi, Hussein Hassan. Factors Influencing Performance Of The UAE Islamic And Conventional National Banks. Global Journal Of Business Research. 4. 2 (2010): 1-9. SSRN. Web.

Dhumale, Rahul, and Amela Sapcanin. An Application of Islamic Banking Principles to Microfinance. 2012.

Furqani, Hafas, and Ratna Mulyany. Islamic Banking and Economic Growth: Empirical Evidence from Malaysia. Journal of Economic Cooperation and Development. 30. 2 (2009): 59-74. SESRIC. Web.

Hameed, Shahul, and Ahamed, Fayaz. n.d. Development Of Islamic Banking With Reference To UAE. Web..

Haron, Sudin. A Comparative Study of Islamic Banking Practices. Islamic Econ.10 (1998): 23-50. JKAU. Web.

Hassan, Maher and Jemma, Dreda, 2010, The Effects of the Global Crisis on Islamic and Conventional Banks: A Comparative Study. Web.

Kahf , Monzer 2004. Success Factors Of Islamic Banks: Based on a study of the actual conduct of some Islamic Banks. Web.

Khan, Feisal. How Islamic is Islamic Banking? Journal of Economic Behavior & Organization. 76 (2010): 805820. Science Direct. Web.

Martan, Said, A. F. Abdul-Fattah, Anwar A. H. Jabarti and H. Sofrata. Principles of Islamic financing: A Survey Islamic vis-a-vis Traditional Banking A fuzzy-set Approach. J. Res. Islamic Econ. 2. 1 (1984): 29-44. Islamic Center. Web.

Rahman, Khalid. n.d. Towards Islamic Banking: A Case Study of Pilgrims Management & Fund Board, Malaysia. Web.

Szczepanowicz, Andrzej 2010. Unconventional Banking In A Conventional Environment: Islamic Banking And Finance In The Usa. Web.

Siddiqi, Mohammad Nejatullah 2006. Islamic Banking And Finance In Theory And Practice: A Survey Of State Of The Art. Islamic Economic Studies. 13.2: 1-47. Takmili. Web.

Suleiman, Nasser. n.d. The Muslim banking world faces the challenge of expanding internationally while remaining true to Islamic principles. Web.

Introduction

• Islam recognizes that humans must undertake various economic activities to survive.
• Islam observes that it is through economic science and economic system that humans satisfy their various economic needs.
• Economic system matters most to Islam because it affects distribution of resources in the society.
• Shariah stipulates way means of acquiring, disposing and distributing wealth.

Islam recognizes that humans must undertake various economic activities to survive in a competitive society where resources are limited. It also observes that economic science and economic system enable human beings to satisfy their needs. The economic science, which involves production of goods and services, is the same irrespective of religion or geographical location. Comparatively, economic system determines distribution of resources, and thus of great interest to Islam (Kuran 149). Therefore, Shariah (Islamic law) provides means of acquiring, disposing, and distributing wealth.

Importance of Islamic Economics

• Islam focuses on economic system as an important aspect of society.
• Economic system enables Islam to alleviate poverty.
• Distribution of resources follows laws of supply and demand.
• Socialism and capitalism are major economic systems that influence distribution of resources.

Economic system of a society is important in Islam because it determines distribution of resources, thus contributes to occurrence of poverty. According to Nabhani and Tahrir, the economic problem results from the subject of possessing the benefits, not from producing the means which give the benefit (47). It is through economic system that a society can influence distribution of resources and alleviate poverty. The scarce resources in the society follows laws of demand and supply in their distribution, which are under the influence of an economic system such as socialism and capitalism.

Comparison

• Does not deny an individual right to property as in the case of socialism.
• Does not support capitalism ideology of wealth accumulation in few hands.
• Promotes circulation of resources among population.
• It provides equal opportunities for everybody to access wealth and progress in a competitive society.

Comparatively, Islam economic system is special because it does to deny or limits rights of individuals to property as in the case of socialism. Although it enables capitalism to thrive, it does not support selfish accumulation of wealth among the rich. Hence, it supports circulation and distribution of wealth in the population (Qureshi 103). With equal distribution of wealth in the society, everybody has equal opportunities to access wealth and progress.

Different Aspects of Islamic Economic System

• Acquisition of resources.
• Principles expenditure.
• Rights of property.
• Exploitation as in capitalism economic system.
• Distribution of wealth or resources in the society.

Islam economic system has different aspects that relates to ownership of property in the society. According to Qureshi, Islamic system has different aspects, viz. acquisition of wealth, principles of spending, rights to property, capitalism exploitation, and distribution of resources. Examination of each of the aspects gives an insight about Islam economic system.

Acquisition of Resources

• Islam does not discourage acquisition of wealth and resources.
• The Quran encourages earning of wealth through legal means because it has blessings.
• Allah expects people to work hard in their labor.
• Islam economic system differentiate lawful and unlawful means of acquiring wealth.

As Islam recognizes that human survive through economic activities, the Islam economic system does not discourage an individual from acquiring resources. Lawful acquisition of wealth is holy as the Quran says that Allah bestows blessings to people who work hard in their labor. According to Qureshi, Islam has accepted it as a human right that one should try find substance for ones life over the earth of Allah lawful according to ones nature, interest, and ones capabilities and abilities (104). The Islam does not allow people to indulge in corruption as means of satisfying their daily needs of bread.

Principles of Expenditure

• Harmful expenditure is immoral.
• Ones expenditure should reflects virtues, social welfare, and good works.
• The less fortunate and the needy members of society require help.
• The Quran urges the people not to squander wealth for the extravagance is evil.

All manners of expenditure that causes harm to individual or society is immoral according to the Islam economic system. Islam holds that the most desirable way of spending legally acquired wealth is by satisfying reasonable needs and saving others for the sake of other people in the society (Kuran 137). The Quran regards those who squander their wealth as brothers of Satan for they are ungrateful to Allah (Qureshi 104). Hence, one should not be mean in the manner of spending wealth for both family and self, because others are in need.

Rights of Property

• Islam bestows right to property ownership if earned through legal means;
• However, Islam places some limitations on the use of properties;
• Hence, there are three possible ways one can utilize the earned property:
  • Spending;
  • Investing;
  • Hoarding.

Islam provides that an individual has a right to own a given property provided the means of its acquisition is legal. However, although one can own any property, limitations arises in the use of earned property. Spending, investing, and hoarding are three possible ways that one can utilize earned property well. Since wealth has been given to us as a gift from Allah, we should also be generous in giving to others (Zaman 26). Allah has bestowed wealth to the people, and thus they must utilize it for the common good of all people in the society.

Exploitation

• Islam forbids imposition of interest because it is a form of exploitation.
• If one gives wealth to another, one should not expect interest.
• The Quran says that interests does not increase wealth in the sight of Allah.
• Thus, Islam is against the way capitalism amasses wealth through interests.

Islam perceives imposition of interest on borrowed wealth as a form of exploitation that capitalism has employed in amassing wealth from the population, thus contributing to poverty in the society. The Quran clearly states that Allah does not perceive interests as means of increasing wealth of others because it is oppressive (Qureshi 105). Therefore, the Islam does not support capitalism because it exploits the poor in the society.

Distribution of Wealth

• Accumulation of wealth is against Islam because it encourages selfishness.
• Wealth is a gift from Allah that people should share for the common good.
• One should spend wealth to satisfy needs, invest in legal businesses or provide to the needy.
• Islam economic system aims at circulating wealth so that populations can access and utilize it.

Accumulation of wealth in the hands of few individuals in against Islam because it encourages selfishness and causes poverty. Most people are poor in the society because the rich people have accumulated wealth, and thus inessential to others. If one continues accumulating wealth, by Islamic law he has to pay two and half percent annually on it (Qureshi 105). To avoid penalty, one needs to utilize wealth in satisfying own needs, investing in legal businesses or provide to the needs of the poor.

Principles of Economic System

• Economic problems emanates from ownership of wealth.
• Islam economic system has three principles that aid in distribution of wealth:
  • Wealth ownership;
  • Disposal of wealth;
  • Distribution of wealth in the society.

The economic problems emanate from ownership because people have selfish tendencies of accumulating wealth while depriving others. Nabhani and Tahrir state, the economic problems results from the viewpoint towards ownership, from the ill disposition of this ownership, and from the misdistribution of wealth amongst people (p. 49). Hence, the Islamic economic system has three principles, which cover ownership, disposal, and distribution of wealth in the society.

Types of Ownership

• Humans acquire their wealth through various means such as:
  • Work;
  • Inheritance;
  • For sustenance;
  • State grants;
  • Assuming ownership.

Humans employ several means to gain wealth. Naturally, humans must struggle to gain wealth because is provides means of satisfying various needs. The Islam holds that the means of acquiring wealth should be legal and moral to avoid perpetuation evil in the society. The acquisition should not be, however, be left to man to achieve, strive for, or dispose of as he wishes, as this would cause evil and corruption resulting in anarchy and disorder (Nabhani and Tahrir 64). The struggles in the society is inevitable as people have different abilities in acquiring wealth. Moreover, satisfaction of needs varies from one person to another.

Work (Amal)

• Work provides a major avenue through which people acquire and amass their wealth;
• Amal is term in Shariah that encompasses different types of work;
• According to divine rules, legal forms of work include cultivation, mining, hunting, brokerage, partnership, sharecropping, and employment.

Critical observation of generation of wealth shows that work provides a major avenue through which people can acquire their wealth in a legal manner. According to Sheriah, the term Amal indicates different forms of work that people perform to acquire their wealth. Allah blesses somebody who dedicates time to work for his labor is fruitful (Mannan 27). Thus, Islam recognizes wealth as a legal means of acquiring wealth.

Inheritance

• Islam accepts inheritance as legal means of owning wealth;
• The Quran dictates that male child should get double portion of wealth when compared to female child;
• Inheritance provide means of distributing wealth that has accumulated in one person;
• During inheritance, wealth distribution follows laws of inheritance.

Inheritance is a legal means through which children in the family can acquire wealth from their parents and own them. Inheritance enables children to acquire basic wealth that they can utilize in satisfying their needs and investing to increase. The Quran states that a male child should get double share of inheritance that a female child receives. Nabhani and Tahrir assert, in order that such accumulation of wealth does not continue after their death, it is then necessary to have a means to divide the wealth amongst the people (106). Fundamentally, inheritance enhances distribution of wealth among population.

For Sustenance

• One has inalienable right to property ownership for sustenance;
• If a person cannot access basic needs of life due to sickness, disability or due to old age, they have right to get assistance;
• The rich people have duty to support beggars and the destitute;
• Muslim community has duty in providing wealth of sustenance to the needy.

Some wealth fall under basic needs. Individuals who are unable to satisfy their basic have right to own wealth for sustenance. For example, the hunger cannot suffer yet the rich have plenty of food. In this case, the rich have duty to feed the hungry and save them from dying. Nabhani and Tahrir assert, Shariah did not consider the taking of food in the time of famine as a theft for which the hand must be amputated (108). Hence, the needy satisfy their needs when they gain sustenance wealth.

State Grants

• Citizens can gain wealth when state grants them properties.
• State can grant its citizens land, farm inputs, capital for business and animals to keep.
• When citizens gain such property, they utilize in satisfying their needs as well as investing them.
• State grants provides means through which governments can empower its people economically.

State has duty to empower its citizens economically. Given that some citizens are very poor and cannot access means of production such as land, a state can decide to grant them land. An individual can start owning property as grant from government, but continually increases the property by investing on it (Mannan 58). Therefore, state grants is a legal way of acquiring wealth as per Islam.

Assuming Ownership

One can assume ownership of property through the following mean:

• As a reward from another person;
• As compensation for harm caused;
• Property earned during marriage as a gift;
• Property picked up as lost;
• Compensation given to rulers for ruling.

One can assume ownership of a given property without necessarily buying it. There are five ways through which a person can own property in this manner. These ways are:- as a reward from another person, as a compensation for any form of harm caused, gifts exchanged in marriage, picking of lost property, and compensation to rulers (Nabhani and Tahrir 110). These forms of ownership are legal because an individual earns property without using immoral means.

Prohibited Means of Increasing Wealth

• Gambling:
  • It is harmful because it makes humans to depend on luck and cause negligence of work.
  • It drains wealth and destroy families.
  • It generates hatred among gamblers.
  • It diverts attention to worship and prayer to Allah.
  • It is wasting of time and efforts.
  • It leads to crime and suicide.

Gambling entails earning and losing money through bets without performing any real work. It has harmful effects that destroy individuals, families and humanity. Gambling normally leads to over dependence on luck for earning living, negligence of work, generates hatred among gamblers, diverts attention of worshiping and praying to Allah, wasting of time, predisposes people to suicide due to loss of wealth, destruction of families, and causes crime (Mannan 50). Hence, Islam prohibits gambling as a way of increasing wealth because it has harmful effects on individuals.

Interest (Riba)

• Islam recognizes interest as prohibited (Haram), hence illegal.
• The reason why Islam regards interest as Haram is that Muslims have a duty of helping one another.
• Demanding of interest after helping another person is against Sheriah law.
• The Quran regards both the person paying and receiving interest as sinners.

Islam prohibits of interests that banks do charge on borrowed loan. Charging of interests is a form of exploitation and selfishness because it does not allow people to help each other. According to Nabhani and Tahrir, Sharah prohibited usury absolutely, regardless of its percentage, whether it was high or low (173). People who take part in giving and receiving of interest are sinners for they perpetuate exploitation and selfishness in the society.

Criminal Fraud

• Criminal fraud in deceit in trading aimed at depriving customers of their wealth.
• Wealth acquired through deceit has no blessings but a curse.
• The Quran advises people to be cautious in the nature of trades they perform lest they fall into deceit.
• Thus, criminal fraud is unlawful means obtaining wealth in trade.

Criminals employ fraud in depriving customers of their wealth through deception. Criminal fraud is illegal means of acquiring wealth and the Quran prohibits it because it generates wealth that has not blessings but a curse. Therefore, the Quran advises people to be cautious in the nature of trades that they perform lest they become victims of fraud.

Conclusion

• Economic system of Islam recognizes that the economic system influence distribution of wealth in the society.
• Capitalism causes accumulation of wealth.
• Socialism deprives individuals of the right to ownership.
• The economic system of Islam discourages both capitalism and socialism.
• Islam embraces that acquisition of wealth should be legal and moral to avoid perpetuation evil in the society.

The economic system of Islam views that distribution of wealth in the society depends on the nature of economic system. While capitalism causes accumulation of wealth in the hands of the rich, socialism deprives individuals of their rights to own property. Hence, the economic system of Islam discourages both capitalism and socialism. Islam encourages legal and moral means of acquiring wealth such as work, inheritance, sustenance, government grants, and gifts amongst others. However, it prohibits immoral means such gambling, lottery, interest, and criminal fraud.

Works Cited

Kuran, Timur. The economic system in contemporary Islamic thought: Interpretation and assessment. International Journal of Middle East Studies 18. 2 (1986): 135-164. Web.

Mannan, Muhammad. Abstracts of researches in Islamic economics. International Center for Research in Islamic Economics, 2008. Web.

Nabhani, Taqiuddin, and Hizb Tahrir. The economic system of Islam. London: Al-Khilafah Publications, 2000. Web.

Qureshi, Abdul. Economical system of Islam. European Journal of Scientific Research 58.1 (2011): 103-107. Web.

Zaman, Asad. Islamic economics: A survey of the literature. International Institute of Islamic Economics, 2008. Web.

Introduction

Finance can be defined as a branch of economics that deals with resource allocation, resource management acquisition and worthy investment. Financial management, in this case, is the study and practice of making financial decisions. About 25% of the worlds population is Islam. This percentage is fairly distributed across the globe with the Middle East and Afghanistan, registering the highest populations.

This essay shades light on Islamic finance. The essay will strive to introduce, discuss, analyze and draw conclusions on Islamic Finance. Its main aim is to provide a clear understanding of the growth of Islamic finance by exploring its current and future advancements. The essay explains the characteristics of Islamic economies, highlights and explains the fundamental differences between Islamic economies and other economies. The essay also describes how Islamic finance will enhance and maintain economic justice within the Muslim community and other religious outfits. The essay will conclusively define the role of Islamic finance in the Islam context.

It has been said that a pre-Islamic practice of Aqilah, blood money, is the basis of the distribution of loss instead of transfer of loss in modern Takaful practice. Can you explain how Aqilah is linked to modern Takaful?

Aqilah is considered as a form of blood wit. It implies that when ones kinsman is killed, his tribe can be brought camels as a settlement of the blood wit. Aqilah is a group of people who have to pay blood in compliance with the Sharia law. Aqilah has its origin in an ancient Arab tradition which had the belief that when a member of their unit suffered harm of loss of life or property, it was the duty of the unit or the perpetrator to cover such loss through repayment.

Islam is bound by the same principle of Aqilah and diet, which imply social responsibility and blood money, respectively. This age old practice of compensation is considered the foundation for Takaful insurance system, which was defined along the line of Islamic beliefs and guided by the rules and the regulations of Islam or rather Sharia law. Takaful has the responsibility of encouraging people to take care of the needy while ensuring the financial stability of their kin and to further ensure that there are responsibility and bonding together in the society (Eek 1).

What are the key differences between Takaful and conventional insurance? List and discuss three of these differences

Takaful is the Islamic version of conventional insurance. Takaful is founded on the concept of mutual solidarity; its undertaking comprises of two main tier-structures that is: a hybrid of a mutual as well as a commercial form.

This form of structure presents a lot of challenges regarding supervisory and regulatory issues. Islam has no problem against any form of insurance, but it has some reservations regarding the practices of conventional insurance; this was evidenced by the fact that the principle of mitigation of risks was first applied in Islam insurance and it has now been adopted by the conventional insurance. The Islamic form of insurance or Takaful discourages the levying of interest and gambling. The main areas of divergence between the Islamic form of insurance and conventional insurance are:

Riba or Usury

This implies the earning of interest; Takaful system of insurance prohibits interest while conventional insurance permits it. In Islamic financing, levying of interest is forbidden in accordance with the Quran.

Uncertainty or Gharar

Gharar involves all activities which are executed basing on probability. Islamic financing does not encourage contracts based on guesses or rather probabilities. Gharar is therefore forbidden by the Takaful system of insurance but rather forms the foundational basis for conventional insurance.

Gambling or Maisir

This is prohibited by Islam; hence by the Takaful, the conventional system of insurance permits gambling.

The differences between Takaful system of insurance and conventional insurance are evident in the following aspects:

Contract

According to Takaful, contract combines Tabarru, which is a donation and the agency. The contract also includes a profit-sharing contract between the individual insured and the pool of the insured as represented in the Takaful. On conventional insurance, a contract is a policy document that governs the terms of insurance between the insured or the policyholder and the insurance company. The operator can also provide the interest-free loan in the event of deficiency so as to cover it.

Responsibility of policyholders

With regards to the conventional insurance, the policyholder has the responsibility to pay premiums to the insurance provider or the company, but in the case of Takaful, participants only have the duty to contribute to the insurance scheme. In the situation of surplus, the participant benefits and in the event of a deficit, liability is transferred to the policyholder. Underwriting, in the case of Takaful, is managed by the operator under the Mudaraba contract.

Liability of the operator or the insurance company

In the conventional insurance system, the company is under liability to pay claims through underwriting fund and in some circumstances through the shareholders fund. On the Takaful system of insurance, the operator acts have an administrator of the scheme, and he pays the benefits through the underwriting fund (Islamic Financial Services Board 6).

Explain the family and general Takaful. List the different types of family and general Takaful products available in the market

A family Takaful plan is one of the savings and investment programs that have a fixed maturity period. In this plan, the participant enjoys investment profit while the plan also offers mutual financial assistance to its participants.

General Takaful, on the other hand, is a practice where the participant contributes large sums of money into a Takaful fund which can be in the form of Tabarru or participative contribution. In the case of general Takaful, the participant enters into a contract so as to mutually contribute towards the Takaful fund.

The family Takaful is a form of financial program that pools efforts in aiding the needy in the event of need or emergencies like death or mishap. While general Takaful is a contract based on the principle of joint guarantee, and it is on a short-term basis, in the event of a mishap, the owner of the property bears the loss. Contribution in general Takaful is in the form of donation and involves the sharing of profits. In the case of family Takaful, the participant decides on the amount of money he is willing to part based on his/her preferred mode of instalment, whether monthly or yearly.

The products that are available under family Takaful are investment-linked Takaful, child education Takaful, Medical and health Takaful, family Takaful mortgage plan and family Takaful. Consequently, the products that are available in the market relating to general Takaful are home Takaful, motor Takaful and personal accident Takaful.

Given the fact that uncertainty exists only as to how and when an individual will die; can you explain how Islamic law allows the operation of a family Takaful life insurance scheme?

In the case of Takaful life insurance scheme, the participant should nominate a person who, in the event of death or any eventuality, can execute over the benefits of the Takaful scheme. The benefits should be distributed according to the Islamic law of inheritance when the participant dies. The person nominated receives the benefits only as a trustee; in the case where the nominee is not a Muslim, he/she should be considered to be an automatic beneficiary.

Consequently, the participant can bestow the benefits to an individual as a donee, and in this case, the benefits from the scheme are given in advance as a gift in favour of the donee. In this circumstance, the donee becomes the outright beneficiary of the benefits. In the case of conventional life insurance, the beneficiaries are not subject to any claim unless in the circumstance where the participant commits suicide within two years into the contract (Ali 1).

Compare and contrast the three different models of managing Takaful plans: Wakalah, Mudharabah and the mixed Wakalah/Mudharabah model. Focus on the following points:

1. Fees.
2. Level of profitability of Takaful operator.
3. Suitability for family or general Takaful.
4. Surplus.

Takaful plan utilizes three different kinds of models: Wakalah model, Mudarabah model and a mixed model, also called Waqf, which combines the principles of both Wakalah and Mudarabah models.

Fees

In this case, the Takaful operator receives payments from the participants based on rules of equity partnership. The profits are shared equally among the parties as per the terms of the contract. In this case, the participants provide the capital while the operator is the entrepreneur. In the case of Wakalah, the shareholders are the ones who provide the capital which can be in the form of donations.

In this arrangement, they dont receive any share from the income generated from the investment. It generates its income by charging a fee referred to as Wakalah fee. In Wakalah, the participant appoints an operator who will act as an agent at a fee which is referred to as a secured agent fee. It is the operator that fixes the fee which they deduct from partners contribution. This agency fee covers all areas of Takaful investments. In the case of Mudarabah, agency fees are not charged. The mixed model adopts both fee-based and profit-based principle (World Takaful Report 1).

Level of profitability of Takaful operator

Mudarabah model generates a lot of surplus and profit due to the fact that the contributions by the participants can be invested. This is unlike Wakalah, which does not generate a lot of income and only operates on a risk-sharing basis. The Takaful operator reaps a lot of profit in the Musharabah model when compared with other models.

Suitability for family or general Takaful

Mudarabah in the case of a family Takaful may not be appropriate. The funds from the general Takaful cannot be invested, and it is only the participants who can choose to invest their premiums in particular funds.

Surplus

In the case of Mudarabah, surpluses are obtained from the activities and the operations of the Takaful system. The surplus can only be shared after the Takaful operations have fulfilled the desires of the participants. Sharing of the surplus acts as an incentive to the participants and more so to the operator in order to execute the underwriting process in an effective manner and also to manage the claims properly.

There is no sharing of underwritings in the case Wakalah; there is the only negotiation of expenses by the operator on behalf of the participants (Financial Islam 1). In some circumstances, the parties share the surplus as an incentive fee for the operator where the operator gets upfront agency fees based on the underwriting surplus. In the mixed or the hybrid model, the surplus is shared based on the Mudarabah model, and at the same time, the operator receives secured income in the form of agency fees.

Briefly describe how an underwriting surplus is distributed under the AAOIFI standard

Distribution of surplus is considered to be a fundamental operation in Takaful business. It acts as an instrument of providing mutual guarantees at possible risks. There are three recognized ways of distributing surplus; these are the pro-rata model, selective mode and offsetting mode. The AAIOFI standard on Takaful operations indicates that the underwriting of surplus and its returns, less the expenses and the payment of claims are considered to be the property or the share of the policyholders or the participants, this is distributable surplus. This form of calculation is not applicable in the commercial insurance sector. Based on this assertion by the AAOIFI, the issue of claim over premium ownership is considered (Soualhi 3).

On the pro-rata, the underwriting surplus can be distributed based on the premiums paid by the participants without putting many efforts on the difference between the claimable and non-claimable assets accounts. Selective mode, on the other hand, only indemnifies non-claimable accounts. Off-setting mode offsets the underwriting out of the amount claimed, and it is only practical on those accounts with more claims than the underwriting surpluses.

Why might an insurance company need to get insurance from another insurance company?

The practise where insurance companies choose to be insured by another insurance company is referred to as reinsurance. This will permit the insurance companies to pass those risks that they may not wish to handle or absorb. Insurance companies choose to insure part or whole of their risks that they are exposed to with specialist reinsurers. In this arrangement, the insurer recovers part of the claims paid out from insurers.

This has the ability to reduce the risks of failure of the insurer in the event of calamities which produce a higher degree of claims. Companies dealing with reinsurance are very big, have access to massive funding and widespread operations. Their measures of risks, for example, risk margin, are always adjusted. Reinsurance arrangement is found in two forms: facultative and treaty reinsurance. In facultative reinsurance, each risk that the insurer underwrites is a product of separate arrangement. In the treaty, reinsurance is an arrangement for a block on insurers underwritten policies. A big portion of the insurers business is reinsured by the reinsurer (Money Terms 1).

Which of the following statements relating to Takaful are true, and which are false? Briefly explain your answer.

A Mudharaba contract is a contract of management between the Takaful participants and the Takaful operator

True: this statement is true in the sense that Mudharabah is one of the models of Takaful where the participant makes contribution to the operator. In this case the income from the investment is shared between the two parties based on the terms of the signed contract. The contract also entails how much should be contributed by the participant. The contract also entails the fact that the participant shall be entitled to the entire underwriting surplus and no deduction will be made

Tabarru3 is a donation contract given in favor of the Takaful operator

True: based on this principle of Takaful, the participants premium should be paid as a form of donation. This is aimed at eliminating the Gharar or uncertainty from the contract in order to make it conform to the principles of Islamic insurance system. During the donation contract, all participants requiring protection would be available so as to demonstrate their desire to donate to any other Takaful participant who may be faced with difficulties (Tlemsani 99).

The Takaful operator can manage the Takaful operations and investments on the basis of a Wakalah contract

True: in the case of Wakalah model of Takaful, the operator only acts as an agent of the participants and is only responsible for managing the Takaful fund. The contributions in Wakalah model are not motivated by the desire to make profit; it is only the pooling of risks. The operator only acts as a custodian of the fund. All surpluses belong to the contributor.

Actuarial principles help to decide the appropriate amount to be donated by the participant toward the Takaful fund

True: actuarial principles are applied in the calculation of the amount to be contributed by the participant to the Takaful scheme. This is evidenced by the fact that there is an actuary department in insurance companies that practice Islamic banking. The actuary has the duty to determine the amount to be contributed by the participant by analyzing mobility rates. It is the actuary who determines the Takaful plan, costing and the projector investment plan.

Donation or Tabarru3 is the basis for mutuality in Takaful

True: participants make their contributions to the Takaful fund in the form of donation. The participants are bound by a contract they sign as an agreement mutually assist each other in times of calamities; this calamities might arise in the form of death o physical injury or any misfortune that is covered by the terms of Takaful. Consequently, the premiums collected from the participants are treated as donations and are invested under the Takaful fund and it is regularly reimbursed (Islamic Law of Finance 1).

Modern Islamic insurance did not exist until 1980

False: Takaful is form of insurance company that is based on Islamic commercial law. Its development in the modern times was initiated in Sudan in 1979 and gained prominence after being practiced in Malaysia in 1984; this led to the declaration of the conventional insurance as illegal or for bidden or Haram in 1985.

Distribution of loss is similar to transfer of loss

False: the two terms are not similar. Islam does not allow the transfer of risks or loss to another party and instead advocates for the sharing of losses. It is only in conventional insurance where risks are transferred.

Can you think of an occasion where moral hazard could arise if the requirement of insurable interest did not exist?

Moral hazard implies that people will only take risks when they are provided with incentives. This might lead to the ignorance of the moral implications that might emanate from the risks. Moral hazard operates on the principle that once you are much insulated from risks, temptations emerge. Insurance interest is the restriction of valid insurance cover for those who demonstrate particular type of interest in property and the life that is to be insured. Insurance interest is only aimed at eliminating or preventing moral hazard.

Regarding to moral hazards, insurance cover is to be restricted so as to prevent it from becoming an incentive for unwanted behaviors like crime. This can happen for example in a scenario where a one individual can insure the life of a stranger and after sometime kills the stranger in order to obtain the payment (Law Commission and Scottish Law Commission 9).

Works Cited

Ali, Kazi. About Takaful (Islamic Insurance). Prime Islamic Finance, n.d. Web.

Ayub, Muhammad. An Introduction to Takaful  An Alternative to Insurance. Islamic World, 2003. Web.

Eek, Tee. Takaful for all. Takaful, n.d. Web.

Financial Islam. Takaful Business Models. Financial Islam, 2011. Web.

Islamic Financial Services Board. Issues in regulation and the supervision of Takaful (Islamic insurance). Insurance Financial Services Board, n.d. Web.

Islamic Law of Finance. SHARIAH ISSUES IN TAKAFUL. Islamic Law of Finance, 2010. Web.

Money Terms. Reinsurance. Money Matters, 2011. Web.

Soualhi, Asa. Shariah inspection in surplus distribution: Shariah views in current implementation. Scribd, 2008. Web.

Tlemsani, Issam. Islamic banking. Abu Dhabi, UAE: Higher colleges of technology, 2010. Print.

World Takaful Report. UAE Laws and Islamic Finance: Takaful Management Models. World Takaful Report, 2010. Web.

Taj Mahal

Taj Mahal is a grand mausoleum that has an advanced architecture. It was built during the period 1632 to 1652 by Shahjahan, the Indian Mughal emperor in commemoration of his favorite and beloved wife Mumtaz, who left for the heavenly abode while giving birth to her child. The land for the mausoleum was procured from Raja Man Singh, a Rajput king.

The premise is rectangular with dimensions of 567 meters from north to south and 305 meters from east to west. The mausoleum is situated at the center and is constructed on a platform towards the northern portion. A mosque was built towards the western side of the mausoleum and in order to balance the architectural look, a guest house was constructed on the eastern side (Ruggles 118). The location of the mosque on the western side can be attributed to the fact that Muslims face towards the west while offering their prayers.

Four minarets around the mausoleum have been kept lower in height so that the impression of the huge dome is not diminished. A canal is constructed at the front in a manner so that a reflection of the mausoleum can be seen in the water. The entrance gate is so massive that it can be considered a historical monument in itself (Taj Mahal Garden par. 1). Quranic verses are inscribed on the walls that give an impression of Islamic architecture.

The total area of the Taj Mahal is 174,000 square meters, out of which the gardens alone occupy 90,000 square meters. These gardens are based on geometrical designs and a peculiar thing is that number four and its multiples are used in the arrangements. It is worth mentioning that the number four is considered to be sacred and auspicious in Islam (Taj Mahal Gardens par. 2).

Alhambra

Alhambra is one of the most renowned castle gardens of Europe. It is situated on a fortified plateau that is encircled by the Sierra Nevada mountain range. The word Alhambra has been derived from Arabic literature and its literal meaning is red castle. Though the castle was initially built by Muhammed I, the garden was developed by Muhammed ibn-Yusuf ibn-Nash. The Court of the Pool, within the garden, has abundant instances of Islamic architecture. An impact of northern European gardens design is visible in Alhambra (Alhambra par. 1).

The garden is based on the concept of Islamic paradise, the influence of which is apparent all over the place. It is worth mentioning that according to the Quran (holy book of the Muslims) paradise is a lavish garden. Water was a scarcity during those days in the deserts and was considered to be a luxury.

Within the Alhambra gardens, water has been used liberally in order to give people reprieve from the usual scorching heat of the desert; water was believed to humidify and cool the surrounding atmosphere. The sound of water was considered to be soothing to the ear as well (The Alhambra  Islamic Jewel of Granada par. 12).

Islamic architecture is also evident in Alhambras huge horse-shoe-shaped entrance. It was called the Gate of Justice. Trivial complaints were heard and justice was rendered here; an Islamic custom. Generalife, a Moorish villa, can be considered an extension of Alhambra. It is also an excellent paradigm of Arabic landscaping and is considered to be one of the most beautiful gardens (The Alhambra  Islamic Jewel of Granada par. 13).

Works Cited

Alhambra, 2014.

Ruggles, Fairchild. Islamic Gardens and Landscapes, Pennsylvania: University of Pennsylvania Press, 2011. Print.

Taj Mahal Garden, 2014.

Taj Mahal Gardens, n.d.

The Alhambra  Islamic Jewel of Granada, 2006.

Introduction

The concept of Islamic city is among the most controversial topics in the contemporary urban studies. The three given articles analyze and assess this concept. J.L. Abu-Lughod considers the concept of Islamic city inconsistent with reality and claims that it is social, political, and natural factors, not religious ones, that shape a city. K. Adham states that the Islamization of the architecture is a result of capitalism, and for M.M. Sakr it is an outcome of globalization. I agree with R. Alissa, according to whom Islamic architecture is affected by the Western gaze, but I recognize the benefits of the Islamization of architecture.

Summarizing the Articles

The three articles offered for analysis, The Islamic City  Historic Myth, Islamic Essence, and Contemporary Relevance by Janet L. Abu-Lughod, The Theming of Arabia: Cultural Capitalism and the Re-Invention of Tradition in the Persian Gulf by Khaled Adham, and Creating the Arabian Architectural Style by Mamdouh Mohamed Sakr are discussing the topic of the Islamic city idea and its relevance to the todays Islamic world.

In her article, Janet L. Abu-Lughod, an eminent American sociologist, emphasizes the influence of Western literature on the modern Orientalist trend in architecture (Abu-Lughod, 1987, p. 155). She criticizes the assumptions of the supporters of the Islamic city concept and proves them irrelevant. In particular, the mentions the following assumptions: Islam is an urban religion; Islamic cities are founded by new powers or dynasties; Islamic cities have a congregational Friday mosque and a bazaar; they are divided into resident and non-resident zones. As Abu-Lughod states, all of the assumptions relate only to North African cities and ignore the social organization of the cities (Abu-Lughod, 1987, p. 136-137). As a conclusion, the author claims that cities are shaped more by environmental and political factors than by religious ones (Abu-Lughod, 1987, p. 172).

Khaled Adham defines the Arabic trend in city architecture as a form of cultural capitalism (Adham, 2008, p. 10-11), i.e. an architectural fashion shaped by economic reality. The re-invention of heritage, Adham says, is performed to attract tourists and business partners (Adham, 2008, p. 13). The author offers Dubai and Souk Waquif in Doha as examples of bringing the old traditions back in a somewhat different form and the commercialization of cultural heritage. In a conclusion, Adham mentions that, for cities, Arabic style is a way to survive and cope with the conditions of the global capitalist economy. Additionally, such architectural shaping attracts not only tourist but important entrepreneurs as well (Adham, 2008, p. 15).

Mamdouh Mohamed Sakr, on the example of Dubai, studies the identity of a global city and its relevance to the popularity of Arabic style. He thoroughly examines the historical background of Dubai, its initial architecture, the building materials used, the customs, and environmental conditions such as climate. Then, he speaks about the unusually rapid urbanization of Dubai and points out that, within globalization, the city has lost its identity (Sakr, 2008, p. 148-149). The loss of identity, Sakr claims, led to a crisis in its architectural specificity since the architecture was affected by globalization as well (Sakr, 2008, p. 149-150). In general, Sakr approves of the attempts to revive Arabic style, naming them a successful implementation of both aesthetic values and economic purposes (Sakr, 2008, p. 157).

The Concept of Islamic City

All the three above-mentioned authors recognize the existence of the concept of Islamic city, but assess it differently. To my understanding, while Abu-Lughod does not believe that this concept has any relation to reality and considers social, political, and environmental factors prevailing over religion, Sakr and Adham do not make such claims. All the scholars emphasize the importance of social and environmental factors shaping a city, while Sakr, additionally, is interested in its historical process of development. Unlike Adham, Abu-Lughod and Sakr study Arabic cities outside the Gulf (India, North Africa) to make comparisons. Abu-Lughod also mentions the gender component (sexual segregation) of the social conditions forming a city (Abu-Lughod, 1987, p. 172).

Abu-Lughod seeks to deconstruct the notion of Islamic city (Abu-Lughod, 1987, p. 172) while Sakr does not consider that it needs deconstruction. To him, this concept rather needs explanation through the problem of globalization. Similarly, Adham analyzes it as an outcome of capitalization. Among the three authors, Sakr is the only one to address the issue of a citys identity (including its architectural component), its alterations, and its possible loss. Apart from that, he is the only one to emphasize some positive results of the commercialization of a Gulf citys architectural image.

The debate over Islamic city has been and is going on. Some scholars point out that, since Arab Muslims usually settled in already existing cities or even at villages at the beginning of their history, they could not create a pattern of their own city architecture, and they could not associate cities with Islam. The features of the cities that became Islamic, hence, are inherited from previous inhabitants. Some archeologists are sure that Arabic cities strongly resemble Roman ones in planning and architecture, mentioning the medina of Maghreb (Tunisia) as an example. This is not surprising, considering the fact that a lot of Roman and Hellenistic cities of North Africa and the Middle East lived to be Arabic (Islamic).

Those scholars, who support the idea of Islamic city, usually name the following significant features: the main mosque, markets, a citadel (the residence of the governor), residential quarters (cluster of people, who maintain strong ties), specific street planning (narrow private and semi-private streets connecting residential headquarters with other places), a defended wall surrounding the city, separated cemeteries for the representatives of different religions outside the wall, and an animal market, also outside the wall (Saoud, 2001, par. 13-22).

The Critique by Reem Alissa

As it can be seen, the concept of Islamic city, though is very popular, is criticized by prominent scholars as a commercial enterprise. Reem Alissa, a contemporary architect, urban designer, and historian, criticizes the whole idea of Islamic architecture, marking it as something that emerged from the Westerners, who simplified the traditions of the East, and then, in an objectified form, returned back to the Easterners and managed to become an architectural style (Alissa, 2012, p. 113).

Surely, the trend that Alissa describes is well-represented in the countries of the Gulf. One of the most bright examples is Dubai. It is an ancient city, and in pre-oil times it was a town, which Europeans perceived as a typical Arabic one: with the fishing industry, a bazaar, a Friday mosque, and, finally, traditional architecture. In post-colonial times (however, the start of this process can be traced back to the 18th century), Eastern traditions, including architecture, were imported to the West. In medieval times Islamic architecture had a strong influence on Spanish and Portuguese traditions, but it became fashion in later times. After Napoleons expedition to the East, due to the fact that he took scholars with the army, the Eastern cultural traditions, including architecture, were introduced to Europe as Orientalist traditions and became a trend (Petersen, 2002, p. 90). In the West, Islamic architectural traditions became unified, i.e. Westerners saw Oriental traditions as something integral and made no distinction between, for instance, North African Islamic traditions and Indo-Chinese Islamic traditions).

In other words, the Westerners appropriated and transformed the Eastern architectural traditions. As far as I understand the problem of Dubai, since this city is a major center of business, and a significant part of its business connections are Western countries, it has to represent what the Westerners think Arabic/Islamic city must look like. This is the reason for the phenomenon, which Reem Alissa criticizes.

As for my own opinion, I would agree with Reem Alissa: it is true that this Islamic architecture trend originates from the West, which is supported sufficiently by evidence. Nevertheless, I would not consider it something very negative. While it may be not very pleasant to know that some parts of your city are designed to be a tourist attraction or a business advertisement, it is useful to think about the positive outcomes of this phenomenon. Attracting Western partners and tourists allows a city to flourish and its population to be wealthy, have job opportunities, and live in a safe place with well-developed infrastructure.

Conclusion

The concept of Islamic city is among the most controversial topics in the contemporary urban studies. J.L. Abu-Lughod, K. Adham, and M.M. Sakr analyze this problem differently. While R. Alissa is right in her critique of Islamic architecture, I think that employing this style brings a lot of benefits to a city and its population.

References

Abu-Lughod, J.L. (1987). The Islamic city  Historic myth, Islamic essence, and contemporary relevance. International Journal of Middle East Studies, 19(2), 155-176.

Alissa, R. (2012). Building for oil: corporate colonialism, nationalism, and urban modernity in Ahmadi, 1946-1992 (Ph.D. thesis, University of California, Berkeley, California). Web.

Khaled, Adham. (2008). The theming of Arabia: Cultural capitalism and the re-invention of tradition in the Persian Gulf. In Cultural capital and the reinvention of heritage (pp. 1-25). Berkeley, California: International Association for the Study of Traditional Environments.

Petersen, A. (2002). Dictionary of Islamic architecture. New York City, New York: Taylor & Francis.

Sakr, M.M. (2008). Creating the Arabian architectural style. In A. Moustafa, J. Al-Qawasmi, & K. Mitchell (Eds.), Instant cities. Emergent trends in architecture and urbanism in the Arab world. Amman, Jordan: CSAAR Press.

Saoud, R. (2001). Introduction to the Islamic city. Web.

Topic Characteristics

The thesis will focus on the influences of modernity on Islamic architecture and geometry as well as examine whether they should be mitigated in order to preserve traditional design solutions. The principal reason why architects engage in the process of unremitting honing of their specialized skill is to ensure that they make possible the continuation into the future of valuable qualities of the environment, form, texture, material, and of detail and decoration, that would otherwise disappear (Steele 18).

In the Middle East, the construction of intricate environments that incorporate regional spatial organizations and rhythmic design components can be regarded as the natural result of progression in cultural norms and beliefs of society as a whole. After the First World War, new technologies have made possible the proliferation of construction materials, thereby allowing a high level of standardization of urban infrastructure (Sabouni and Vanegas 199).

This development has led to architects exploring new applications of geometry and seeking new forms to realize functional needs created by the availability of innovative materials (Alami 39). The unique dynamics of economic development enhanced by changing socio-cultural environment have triggered the creation of new architectural types. This evolution has necessitated the provision of effective solutions to the problem of finding an individual character that combined the heritage of historical regional building traditions with the expression for a modern society (Sabouni and Vanegas 200).

Islamic architecture, which can be regarded as the actualization of cultural needs of the Middle East, is inspired to a significant extent by religious perceptions of God. Therefore, it can be argued that the notions of tradition hinge on the necessity to preserve a physical locus of the religious message (Steele 19). Given that Islamic architecture and, to a lesser extent, geometry are value-loaded traditions, it is particularly important to investigate whether they benefit from changes introduced by modernity.

Problem

In the age of stylistic pluralism, it is extremely difficult to critically assess the impact of modernity on Islamic geometry and architecture. Even though numerous attempts have been made to examine the influence of current trends on the tradition of Islamic architecture, there is still no comprehensive framework in which it can be assessed. Thus, while some architects have argued that Islamic architecture should shun modern techniques and systems, others have maintained that it ought to reflect current environmental, technological, and political developments (Frampton et al. 46). There is also a group of scholars who hold the view that architecture should not be moored to architectural design principles that exist within a microcosm of Islamic culture but rather has to retain a balance between modern and traditional approaches (Gonzalez 72).

Objective

In order to arrive at a comprehensive framework for assessing the influence of modernity on Islamic architecture and geometry, I will attempt to show which one of the views described in the previous section of the paper has the most merit. I will inquire into the development of Islamic architecture and geometry in a large qualitative literature survey. To this end, I am going to use data from the following academic databases and search engines: Academic Search, EBSCO, Safety Lit, Scientific Information Database, ScienceOpen, Search Team, and SpringerLink. I will also collect additional information from books in local libraries.

Hypotheses

1. There are three approaches to the interpretation of the influences of modernity on Islamic geometry and architecture: a) the influence results in a net loss and ought to be mitigated; b) the influence results in a net benefit and ought to be encouraged; c) the influence is neutral.
2. One of these three approaches is more preferable than others two.

Methodology

In order to make my contribution to the topic, I will use the qualitative literature review methodology which is commonly referred to as a systematic review. The objective of a systematic review is to address the problem of differences between various studies that occur for reasons that include, but are not limited to, design flaws, chance, and sampling variations (Siddaway). I will attempt to identify and critically evaluate the findings of the most relevant and high-quality extant literature on the topic of the influence of modernity on Islamic geometry and architecture that addresses at least one of the research questions.

The systematic review will try to determine to what extent existing body of literature has progressed toward clarifying the issue. It will also attempt to establish contradictions and inconsistencies in individual studies on the issue, and provide new explanations for the discussed phenomena in order to account for the contradictions. When trying to analyze the results of the literature review, I will try to adopt a judicious mindset in order to minimize bias.

Works Cited

Alami, Mohammed. Art and Architecture in the Islamic Tradition: Aesthetics, Politics and Desire in Early Islam. I. B. Tauris, 2011.

Frampton, Kenneth, et al. Modernity and Community: Architecture in the Islamic World. Edited by Philippa Baker, Thames & Hudson, 2001.

Gonzalez, Valerie. Beauty and Islam: Aesthetics in Islamic Art and Architecture. I. B. Tauris, 2001.

Sabouni, Ikhlaas, and Jorge Vanegas, editors, ACSA Houston Fall Meeting 2011, ACSA, 2011.

Siddaway, Andy. What is a Systematic Literature Review and How do I do One? Stir. Web.

Steele, James. Architecture for Islam Societies Today. Academy Editions, 1994.